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The 2020 Revision of the IBA Rules on the Taking of Evidence in International Arbitration
During the COVID-19 pandemic, the arbitration community showed its ability to adapt quickly to a changing world. Several arbitration institutions
Legal Challenges that the ICC and SIAC May Face in Russia
The Russian 2016 Arbitration Reform (the “Reform”) was a game-changer for both arbitration practitioners and the arbitral institutions. One of the
インドにおける仲裁について
紛争解決の代替手段として広く好まれている仲裁は商業的性質を持つ紛争の裁定に広く利用されています最近で は比較的迅速かつ柔軟な枠組みであることから
In court mediation in Indonesia - another overhyped “superheroes movies”?
The date was 4 February 2016, the Supreme Court of the Republic of Indonesia had just issued a new regulation relating to in-court mediation
A Year in Arbitration: Recent Court Decisions from Turkey and Developments Around the World
In the course of the past year, the Turkish courts have issued various decisions in relation to arbitration matters, which may be of interest to
Shipping Casualties and Arbitration: Reflections on the “EVER GIVEN”
The grounding of the container carrier “EVER GIVEN” in the Suez
Russian Court agreed with requalification of royalties for the use of know-how into dividends
On 07.05.2021 the Arbitration Court (State Commercial Court) of Krasnoyarskiy Kray rendered a decision on the case N A33-54372020, in which it agreed
On arbitration in India
Arbitration, a widely preferred mechanism of alternate dispute resolution is by and large used to adjudicate disputes of commercial nature. In recent
Are the parties getting enough from arbitration ?
The query whether arbitrators are getting away with too much, which was recently discussed at the London International Disputes Week 2021, might be
No Arbitration Without Clear and Enforceable TCPA Terms
Forming a contract is not as straightforward as it was even 20 years ago. With the application of the Telephone Consumer Protection Act (“TCPA”) to
Court affirms need for unsatisfied tax claim to use tax gathering defence
It is trite law that the Hong Kong courts will not enforce a foreign arbitral award if it amounts to indirect enforcement of foreign laws. In the
Commercial Court declines to lift stay on enforcement of arbitral awards against Russia
The High Court recently declined to lift a stay of the hearing of an application for the enforcement, under the Arbitration Act 1996, of certain
Application for Declaratory Relief for Arbitral Proceedings Held to be Abuse of Process
In Republic of India v Vedanta Resources plc 2021 SGCA 50, the Court of Appeal considered whether a party in an arbitration, who puts a question of
Iraq Law update: Accession to The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The Parliament of the Republic of Iraq ratified on 4 March 2021 the long-awaited law on the accession of Iraq to The New York Convention on the
Swiss Federal Tribunal overturns Sun Yang’s eight-year doping ban but there’s more to come
On 22 December 2020, the Swiss Federal Tribunal ("SFT") set aside the award handed down by the Court of Arbitration for Sport ("CAS") in
Grand Court strikes out creditor's winding-up petition and comments on relationship with arbitration clauses
The Grand Court recently struck out a winding-up petition presented against Grand State Investments Limited by a shareholder claiming a debt on the
English High Court considers rare application under S32 Arbitration Act 1996 to determine preliminary point of jurisdiction
In the recent decision in Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd 2021 EWHC 1094 (Comm) the English High Court (the
Arbitration in the Fifth - May 2021
May 2021 started slow with a relatively small number of arbitration-related opinions, but by month’s end noteworthy things had happened. In Int'l
Are mediations really ‘without prejudice’?
Alternative dispute resolution (ADR) comprises a fundamental element of modern litigation. Pre-litigation processes and court rules in Queensland1
The Abu Dhabi Court Considers Special Authority is Required to Conclude an Arbitration Agreement by Power of Attorney
The Abu Dhabi Court of Cassation in Case No. 922 of 2020 recently considered the requirements that must be satisfied to conclude an arbitration
Class Action Litigation Newsletter Spring 2021
Supreme Court holds that serving a product market in the forum state is sufficient for specific personal jurisdiction in product liability lawsuits
JAMS Relocates Sacramento Resolution Center
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, announced today that it has
Fact Witness Evidence in International Arbitration: Is Change on the Horizon?
In recent years, the International Chamber of Commerce (the ICC) has turned its attention to the preparation and testing of fact witness evidence in
Dispute funding in the U.K. and Singapore: A comparative review and looking ahead
Dispute funding’s rapid advance around the globe has occurred in a relatively organic fashionwith jurisdictions where it is now available taking
Dispute boards: an essential investment or a costly mistake?
A Dispute Board is a permanent panel appointed at the commencement of a project, and before any dispute arises. A Dispute Board is therefore actively
Tribunal d’arrondissement de et à Luxembourg Ref. no. 2021TALREFO00188 du 6 avril 2021 Rôle n TAL-2021-00125
Qui rappelle qu’en application de l’article V de la convention de New York de 1958 pour la reconnaissance et l'exécution des sentences arbitrales
Cour d’appel de Luxembourg Arrêt n 2221-VII-REF du 10 février 2021 Rôle n CAL-2020-00829
Qui retient que si rien ne s’oppose en droit luxembourgeois à la coexistence de la compétence du juge des référés avec l’existence d’une clause
Procedural Issues
Expediency of proceedings and flexibility for the parties are two of the pillars of arbitration, and it is essential that every element
Will London-Seated Arbitration Follow The English Courts’ Approach To Witness Statements?
This post considers Practice Direction 57AC (“PD57AC”), which changes the approach to witness evidence in the English Courts, and its potential
Singapore’s highest court issues judgment on court interference in procedural rulings by investment treaty tribunals
The Singapore Court of Appeal delivered a judgment last month addressing circumstances in which the courts at the seat can interfere in procedural